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2025 DAILYLAW 33538 (KAR)

SMT KUMARI BAI v. SRI SATHYANARYAN

RFA/2016/2022 · 2025-01-06

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:59 RFA No. 2016 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL NO. 2016 OF 2022 (PAR) BETWEEN: 1. SMT. KUMARI BAI D/O LATE TUKA RAM RAO, W./O GOVINDARAO.R, AGED ABOUT 70 YEARS, RESIDING AT NIMISHAMBHA ENGINEER WORKS, 2ND GUMBAZ ROAD, GANJAM, SRINGAPATTANA, MANDYA DISTRICT-571 438. 2. SMT.T.CHANDRA BAI D/O LATE TUKA RAM RAO, W/O ASHOK RAO, AGED ABOUT 65 YEARS, R/AT 395, 6TH CROSS, NEAR SMASHANA K.N.PURA, UDAYAGIRI, MYSORE-570 019. …APPELLANTS (BY SRI. S.KUMAR., ADVOCATE [ABSENT]) AND: 1. SRI. SATHYANARYAN S/O LATE NAGENDRA RAO, AGED ABOUT 70 YEARS, 2. SRI. PRABHAKAR S/O LATE NAGENDRA RAO, AGED ABOUT 68 YEARS, 3. SRI.KISHORE S/O LATE NAGENDRA RAO, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:59 RFA No. 2016 of 2022 AGED ABOUT 67 YEARS, 4. SRI PRAKASH S/O LATE NAGENDRA RAO, AGED ABOUT 65 YEARS, 5. SMT. SHOBHA D/O LATE NAGENDRA RAO, AGED ABOUT 64 YEARS, NO.1 TO 5 ARE RESIDING AT, OLD NO. 1411, NEW NO.17, 2ND CROSS, SAMPIGE ROAD, MALLESHWARAM, BANGALORE-560 003. 6. SMT. SARSA BAI D/O LATE NAGENDRA RAO, AGED ABOUT 70 YEARS, R/AT SHREE MAHALAKSHMI NIVASA, 2ND BLOCK, 3RD MAIN ROAD, AYYAPPANAGARA, KRISHNARAJAPURA, K.R.PURAM, BANGALORE-560 036. 7. SMT. VIMALA KASHINATH D/O LATE NAGENDRA RAO, AGED ABOUT 70 YEARS, R/AT NO.12/3, SHIVAMURTHY BUILDING, 1ST CROSS, OPP.AMRUT TALKIES, ASHIWIN COLONY, VIDYANAGAR, HUBBALI-580 021. 8. SMT. GEETHA MAHNOHAR D/O LATE NAGENDRA RAO, AGED ABOUT 70 YEARS, RESIDING AT M.SHIVAYOGI KRUPA, FLOT NO.31, RAJIV NAGAR, BEHIND ST. ANTONY SCHOOL, VIDYANAGAR, HUBBALLI-580 031. …RESPONDENTS - 3 - NC: 2025:KHC:59 RFA No. 2016 of 2022 THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 R/W XLI RULE 1 OF CPC. THIS REGULAR FIRST APPEAL IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER When the case is called, the appellants are not represented. When the case is listed and called out, the advocate must be present. The absence may affect the case. As could be seen from the daily order sheet, the appeal was listed before Registrar (P & H) and also before the Court on several dates and sufficient time was granted to comply with the office objections. Despite granting time, office objections are not complied with as of today. The appeal is listed today for orders regarding non- compliance of office objections for the sixth time. A perusal of the entire order sheet reveals that despite giving sufficient opportunities, the office objections are not complied with. Furthermore, the appeal is filed in the year 2022. Now we are in the month of January 2025. The appeal is pending for almost three years. As already noted above, when the case is called, the appellants are not represented. It appears that the appellants are not interested in prosecuting the appeal. Hence, - 4 - NC: 2025:KHC:59 RFA No. 2016 of 2022 the Regular First Appeal is dismissed for non-prosecution and also for non-compliance of office objections. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 54